This week, the Commercial Court of the High Court is hearing the defended group litigation—commonly referred to by the American term “class action”—against NFU Mutual before Mr Justice Stanley. The proceedings arise from the defendant’s conduct from 2020 onward, with the claimants alleging that NFU Mutual wrongly evaded Covid-related liabilities for over half a decade.
The two coordinated actions are represented as follows. For the Innventure Claimants, Helen Morton (Essex Court Chambers) appears, instructed by Abbleys Solicitors. For the South Farm Claimants, Celso De Azevedo (Enterprise Chambers) appears, instructed by Penningtons Manches Cooper. For the Defendant, NFU Mutual, Gavin Kealey KC (7KBW) appears, instructed by DWF.
It is notable that the defendant has taken over six years to come to trial, a significant delay for a regulated provider of financial services given the Financial Conduct Authority’s prior observations regarding swift access to justice following the conclusion of the test case, which was accepted not to have resolved all issues. These issues have repeatedly been raised with concern in Parliament.
Prior to the expiry of the limitation period in March, the Financial Conduct Authority confirmed in direct correspondence that should NFU Mutual be found to have deliberately concealed relevant facts concerning these matters, it would be precluded from relying upon limitation defences to avoid liability to policyholders outside the claimant groups if the actions succeed.
Following judgment in these proceedings, the matter is anticipated to proceed to the Court of Appeal, an eventuality acknowledged by the court on the opening day of the hearing.
The hearing continues.
